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    <title>1958 (11) TMI 46 - Supreme Court</title>
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    <description>Proof of a will requires compliance with the Indian Evidence Act, 1872 and the Indian Succession Act, 1925, including proof of signature, attestation, testamentary capacity, and the testator&#039;s understanding of the dispositions. Where a propounder or close beneficiary plays a prominent role in preparation or execution, and the will contains unnatural or suspicious recitals, the burden is to dispel suspicion with clear, cogent, and satisfactory evidence. Here, the appellant&#039;s account of prior instructions was found unreliable, the recitals in the will were treated as suspicious, and the attesting witnesses and scribe did not satisfactorily prove that the testatrix understood and approved the document. The will was therefore not proved as the true testament of the testatrix.</description>
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    <pubDate>Thu, 13 Nov 1958 00:00:00 +0530</pubDate>
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      <title>1958 (11) TMI 46 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=305880</link>
      <description>Proof of a will requires compliance with the Indian Evidence Act, 1872 and the Indian Succession Act, 1925, including proof of signature, attestation, testamentary capacity, and the testator&#039;s understanding of the dispositions. Where a propounder or close beneficiary plays a prominent role in preparation or execution, and the will contains unnatural or suspicious recitals, the burden is to dispel suspicion with clear, cogent, and satisfactory evidence. Here, the appellant&#039;s account of prior instructions was found unreliable, the recitals in the will were treated as suspicious, and the attesting witnesses and scribe did not satisfactorily prove that the testatrix understood and approved the document. The will was therefore not proved as the true testament of the testatrix.</description>
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      <pubDate>Thu, 13 Nov 1958 00:00:00 +0530</pubDate>
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